What is the effective filing date under AIA 35 U.S.C. 102(d)?

Under AIA 35 U.S.C. 102(d), a U.S. patent document is considered prior art as of either:

• Its actual filing date (AIA 35 U.S.C. 102(d)(1)), or
• The filing date of a prior application to which there is a priority or benefit claim (AIA 35 U.S.C. 102(d)(2))

The MPEP states: “AIA 35 U.S.C. 102(d) provides that a U.S. patent, U.S. patent application publication, or WIPO published application (“U.S. patent document”) is prior art under AIA 35 U.S.C. 102(a)(2) with respect to any subject matter described in the patent or published application as of either its actual filing date (AIA 35 U.S.C. 102(d)(1)), or the filing date of a prior application to which there is a priority or benefit claim (AIA 35 U.S.C. 102(d)(2)).” This means that the effective filing date can be earlier than the actual filing date if there’s a valid priority or benefit claim.

To learn more:

• AIA
• effective filing date
• prior art
• priority claim
• benefit claim